Natural justice dictates a party should be given the opportunity to defend their case, especially in domestic disputes.

ORDER

The unsuccessful husband has preferred the petition. The respondent/wife G.Ashwini @ Preethi filed the complaint in DVC.No.64 of 2023, against the revision petitioner and his mother on the file of the Additional Mahila Court, Egmore, Chennai, wherein the revision petitioner was set exparte on 14.08.2023. Therefore, the revision petitioner/husband filed an application in Crl.M.P.No.292 of 2024 in DVC.No.64 of 2023 to set aside the exparte order dated 14.08.2023.

2. Upon hearing either side, the learned Additional Mahila Judge, Egmore, Chennai, vide order dated 05.06.2024, allowed the petition on condition that the revision petitioner/husband shall pay a sum of Rs.3,000/- as cost to the respondent/wife on or before 15.06.2024, failing which the petition shall stand dismissed automatically and the case was posted for compliance on 15.06.2024. Admittedly the revision petitioner/husband has not chosen to pay a sum of Rs.3,000/- as ordered by the learned Additional Mahila Court, Egmore, Chennai, vide order dated 05.06.2024. Therefore, the Crl.M.P.No.292 of 2024 in DVC.No.64 of 2023 came to be dismissed automatically.

3. Thereafter, aggrieved over the order dated 05.06.2024 passed in Crl.M.P.No.292 of 2024 in DVC.No.64 of 2023, the revision petitioner/husband has preferred the criminal appeal in Crl.A.No.497 of

2024 before the XXII Additional Sessions Court, Chennai.

4. Upon hearing either side, the learned XXII Additional Sessions Judge, Chennai, confirmed the order of the learned Additional Mahila Court, Egmore, Chennai vide order dated 05.06.2024. Thereafter, the revision petitioner/husband filed an application in SR.No.410 of 2025 in Crl.M.P.No.292 of 2024 in DVC.No.64 of 2023 before the Additional Mahila Court, Egmore, Chennai under section 148 of CPC and Section 25 (2) of Domestic Violence Act 2005 seeking for extension of time and to pay cost awarded by the learned Additional Mahila Court, Egmore, Chennai. The said petition came to be returned, vide order dated 29.07.2025 stating that already set aside petition was dismissed by the Court on the ground that the petitioner has not complied with the conditional order. Aggrieved over the same, the present civil revision petition has been preferred.

5. The learned counsel appearing for the revision petitioner would submit that while rejecting the petition without considering the detailed representation made by the revision petitioners with supporting grounds and rulings, the learned Magistrate has violated the principle of natural justice. The revision petitioner was denied an effective opportunity to defend the case.

6. It is seen from the records that the respondent/wife has filed the complaint in DVC.No.64 of 2024 as against the revision petitioner and his mother and the same is pending on the file of the learned Additional Mahila Court, Egmore, Chennai. The revision petitioner/husband has filed an application in Crl.M.P.No.292 of 2024 in DVC.No.64 of 2023 to set aside the exparte order. The learned Additional Mahila Court, Egmore, Chennai, vide order dated 05.06.2024 allowed the petition filed by the revision petitioner on condition that he shall pay a sum of Rs.3,000/- as cost on or before 15.06.2024 to the respondent/wife, failing which the petition shall stand dismissed automatically and the case was posted for compliance on

15.06.2024.

7. Admittedly the revision petitioner/husband did not pay the cost of Rs.3,000/- as ordered by the learned Additional Mahile Court, Egmore, Chennai dated 05.06.2024. Therefore, the petition filed by the revision petitioner/husband in Crl.M.P.No.292 of 2024 dismissed automatically. Aggriev